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Protective measures: definition, distinction (seizures, securities), conditions and role of the jex
By Raphaël MORENON15 September 2025Worried about your creditor? Find out about protective measures! Prevent your debtor from organising his insolvency and secure payment of your debts.
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> The practice of seizing propertyA practical, chronological and exhaustive study of the implementation of a property seizure procedure.
We put all our expertise to work to achieve a simple objective: to prevent a property seizure.
Judicial liquidation: consequences for creditors and realisation of assets
The opening of a judicial liquidation procedure marks a turning point not only for the company and its director, but also directly for its creditors. Suppliers, banks, social security bodies, tax authorities, employees... all find themselves faced with a situation where the recovery of their debts becomes uncertain and...Commencement of compulsory liquidation: conditions and initial effects for the debtor
The prospect of compulsory liquidation is a critical time for any company and its director. Often dreaded, this procedure marks a decisive turning point, generally when financial difficulties reach a point of no return. It is important to understand the circumstances in which this procedure can be initiated and the immediate consequences...Companies in difficulty: understanding the penalties for managers
Navigating a company through financial difficulties is a demanding ordeal for any manager. In addition to the operational and economic challenges, particular attention must be paid to the personal responsibilities that may be incurred. In the event of receivership or, more frequently, compulsory liquidation, a company director may find himself exposed to...Executive sanctions: procedure and remedies
When a company encounters difficulties, the law provides for various mechanisms to try to turn it around or, failing that, to organise its liquidation under the best possible conditions. However, these procedures can also lead to the liability of directors being called into question, or even to their being punished. For an overview...Bankruptcy and related offences: the criminal penalties that threaten managers
Unfortunately, a company's economic difficulties can extend beyond the commercial and financial sphere into the criminal sphere. When risky or even fraudulent management is suspected of having precipitated the company's downfall, the director is exposed to particularly severe penalties. In addition to the civil and professional penalties that can exclude them from the life of their company, they can also be...Personal bankruptcy and prohibition on management: the professional risks for the manager
In addition to the direct financial consequences for the company and potentially for the executive's personal assets, difficulties can lead to sanctions of another kind, just as formidable: professional sanctions. These are not aimed directly at the portfolio, but at the manager's very ability to practise his profession, to manage,...Liability for insufficient assets: protect your personal assets
Business life is rarely a smooth ride. When difficulties accumulate and receivership becomes inevitable, a major fear emerges for managers: that of being personally liable for the company's debts out of their own assets. This very real threat has a name...The liability of the commissaire de justice: what recourse is available in the event of misconduct?
A lost document of service. An irregular auction sale. A seizure of the wrong assets. To better understand the scope of his liability, it is useful to look at his professional status following the merger. Even the judicial commissioner, a sworn ministerial officer, is not...Running and developing your business: leasing, guarantees and anticipation
Owning a craft business means owning much more than just a set of physical assets. It is a dynamic working tool, a source of income, but also a valuable asset that can be used to obtain credit or whose transfer can be judiciously prepared. To fully understand the implications of this, we need to...The prerogatives of the commissaire de justice: limited but extensive powers
"Open up, it's the Commissioner of Justice! This summons can be bloodcurdling. But what can this official really do? From the right to enter a home to access to bank details, his prerogatives are impressive. These powers are essential to his monopolistic missions. However, they remain...
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